TECHNICAL SUPPORT DOCUMENT

Revisions to Texas Regulations on Emissions Inventories, Conformity of General Federal 

Actions to State Implementation Plans, and Cross-Media Electronic Reporting Rule 

 

I. BACKGROUND

Overview

 EPA reviewed revisions to the Texas State Implementation Plan (SIP) that were 

submitted by the Governor of Texas on December 17, 1999 and by the Texas Commission on 

Environmental Quality (TCEQ) on February 26, 2007. The revisions amend Title 30 of the 

Texas Administrative Code (30 TAC) by: 

• revising 30 TAC 101.10 Emissions Inventory Requirements, 

• revising 30 TAC 101.30, Conformity of General Federal Actions to State Implementation 

Plans, and 

• adding a new Chapter 19, Electronic Reporting (30 TAC 19). 

 This review does not pertain to the revision of 30 TAC 101.1 (Definitions) and adding of 

30 TAC 101.28 (Stringency Determination for Federal Operating Permits) which were submitted 

on December 17, 1999. The revisions to section 101.1 were later superceded by revisions 

adopted by Texas on September 26, 2001 and approved by EPA on November 14, 2001 (66 FR 

57252). Because the December 17, 1999 revisions 101.1 were superceded by the 2001 

submission which has already been approved, no action or review is needed here. EPA intends 

to take action on 30 TAC 101.28 at a later time. 

The Clean Air Act requires the Environmental Protection Agency (EPA) to establish 

national ambient air quality standards (NAAQS) for pollutants that cause or contribute to air 

pollution that is reasonably anticipated to endanger public health or welfare. States have 

developed a SIP which identifies how these standards will be attained and maintained. The state 

must submit revisions to the SIP to EPA. EPA reviews the revision and approves it if it 

conforms to the Clean Air Act. Approval makes the revisions federally enforceable. If the 

revision does not conform to the Clean Air Act, EPA disapproves it. Disapproval may lead to 

further revisions by the State or development of a Federal Implementation Plan by EPA. The 

EPA approved Texas SIP regulations can be found at www.epa.gov/earth1r6/6pd/air/sip/sip.htm. 

 The December 1999 revision also revised 30 TAC 101.30. Texas removed certain 

definitions out of 101.30 because they were duplicated in other chapters of 30 TAC. The 

revisions to 30 TAC 101.30 removed the following definitions: criteria pollutant or standard, 

maintenance area maintenance plan, metropolitan Planning Organization (MPO), National 

Ambient Air Quality Standards (NAAQS), NEPA - The National Environmental Policy Act of 

1969, as amended, nonattainment area (NAA). 
Electronic Reporting

EPA promulgated the Cross-Media Electronic Reporting Rule (CROMERR) on October 

13, 2005. The rule establishes a framework by which EPA will accept electronic reports from 

regulated entities. CROMERR could apply to any document submissions required by or 

permitted under any EPA or authorized program governed by EPA's regulations in Title 40 of 

the Code of Federal Regulations (CFR), if it is submitted electronically. CROMERR also added 

section 286, Electronic reporting to 40 CFR 51 (Requirements for Preparation, Adoption, and 

Submittal of Implementation Plans) which states: States that wish to receive electronic 

documents must revise the State Implementation Plan to satisfy the requirements of 40 CFR Part 

3 – (Electronic reporting). Texas submitted a CROMERR application to EPA and it was 

approved on April 27, 2009 (74 FR 19082). 

Emission Inventory

Emissions inventories are surveys of actual emissions of air pollutants in an area. 

Emissions inventories are critical for the efforts of state, local, and federal agencies to attain and 

maintain the National Ambient Air Quality Standards that EPA has established for criteria 

pollutants such as ozone, particulate matter, and carbon monoxide. States use emissions 

inventories submitted by stationary sources in developing the inventories required by the Clean 

Air Act. The principal Federal statutory authority for emissions inventory reporting 

requirements is found in Clean Air Act section 110(a)(2)(F), which provides that SIPs must 

require periodic reports on the nature and amounts of emissions and emissions-related data as 

may be prescribed by EPA. The EPA interprets Section 110(a)(2)(F) of the CAA (codified in 40 

CFR 51 Subparts A and Q) as requiring SIPs to provide for the reporting of criteria air pollutants 

for all areas under the general SIP requirements of section 110. EPA’s emission inventories 

requirements are found in 40 CFR 51, Subpart A, Air Emissions Reporting Requirements. 

Subpart A requires that states report emissions for stationary point sources, at least every three 

years, with annual reporting for certain larger point sources. (See the definition of point sources 

in 40CFR 51.50). 

 Section 183 of the CAA requires that within 2 years after November 15, 1990, the State 

shall submit a comprehensive, accurate, current inventory of actual emissions from all sources, 

as described in section 7502 (c)(3) of this title, in accordance with guidance provided by the 

Administrator. It also requires that no later than the end of each 3-year period after submission of 

the inventory under Section 183(a)(1) until the area is redesignated to attainment, the State shall 

submit a revised inventory meeting the requirements of subsection (a)(1) of this section. It also 

requires that within 2 years after November 15, 1990, the State shall submit a revision to the 

State implementation plan to require that the owner or operator of each stationary source of 

oxides of nitrogen or volatile organic compounds provide the State with a statement, in such 

form as the Administrator may prescribe (or accept an equivalent alternative developed by the 

State), for classes or categories of sources, showing the actual emissions of oxides of nitrogen 

and volatile organic compounds from that source. The first such statement shall be submitted 

within 3 years after November 15, 1990. Subsequent statements shall be submitted at least every 

year thereafter. The statement shall contain a certification that the information contained in the 

statement is accurate to the best knowledge of the individual certifying the statement. 
 The Texas emissions inventory regulations pertain to emissions of volatile organic 

compounds (VOC), nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), lead 

(Pb), particulate matter of less than 10 microns in diameter (PM10), any other NAAQS 

contaminant, or hazardous air pollutants. The regulations can be found in Title 30 of the Texas 

Administrative Code, Section 101.10, (30 TAC 101.10). 

Conformity

Conformity provisions first appeared in the Clean Air Act in 1977, but were made 

explicit and expanded upon in the 1990 Amendments to the Act. Section 176(c) of the CAA 

provides that Federal agencies may not engage in, support, provide financial assistance for, 

license, permit or approve any activity which does not conform to the approved SIP for 

nonattainment and maintenance areas. This means that Federal actions must conform to the 

SIP’s purpose of eliminating or reducing the frequency and/or severity of an area’s violation of 

the NAAQS. The Act required EPA to promulgate criteria and procedures for determining 

conformity of Federal actions to the SIP. These regulations are known as the general conformity 

rules and were promulgated on November 30, 1993 (58 FR 63214). Also required was the 

necessity for state air quality agencies to submit to EPA a SIP revision addressing these 

conformity rules. The Texas regulations on conformity can be found in 30 TAC 101.30. 

II. STATE SUBMITTALS

A. Regulatory Background

In July 1999 Texas proposed amendments to the SIP pertaining to the regulations on 

emissions inventories and conformity of general federal actions to SIPs. Texas adopted the rules 

on December 1, 1999 and submitted it to EPA for inclusion into the SIP on December 17, 1999.

The revisions amended 30 TAC 101 sections 101.10, Emissions Inventory Requirements and 

101.30, Conformity of General Federal Actions to State Implementation Plans. The revisions 

also amended 30 TAC 101 sections 101.1, Definitions, and added the new section 101.28, 

Stringency Determination for Federal Operating Permits. 

Texas proposed a new chapter, Chapter 19, Electronic Reporting, to comply with EPA’s 

CROMERR, on September 8, 2006. Texas adopted Chapter 19 rules on February 17, 2007 and 

submitted it to EPA as a revision to the SIP on February 26, 2007. The revisions establish a 

system for receipt of electronic documents and signatures. 

B. Description of Submittals

The revisions changed the title of Chapter 101 from "General Rules" to "General Air 

Quality Rules." Section 101.10, Emissions Inventory Requirements, prescribe requirements on 

reporting air pollutant emissions by stationary sources. The revisions to section 101.10: 

· allow TCEQ to collect additional data related to emissions from air pollution sources, 

· contain requirements for sources in regions that are in violation of a NAAQS to report 
typical daily emissions of carbon monoxide and ozone precursor gases during the winter 

and summer months, respectively, 

· delete requirement to report allowable emissions in the emissions inventory report, 

· revise the requirement for an annual update of emissions so that sources that change 

operating conditions resulting in an increase or decrease in total annual emissions less 

than 5% or 5 tons per year (whichever is greater) may submit a certification letter rather 

than an emissions update. (Previously it was allowed for 5%, but not 5 tons per year for 

sources attainment areas). 

· delete the requirement for an annual emissions update requirement for sources that 

achieve compliance with any regulation of the SIP at any time within the inventory 

reporting period. (Sources still must submit a certification letter or an annual emission 

inventory update if other operating conditions are met). 

· remove language requiring an annual inventory for sources in ozone nonattainment areas 

and an inventory every three years for sources in CO nonattainment areas. With the 

revision the sources must submit a certification letter concerning operations or an annual 

inventory update. An update is required if there is: a) any change in operating 

conditions, including start-ups, permanent shut-downs of individual units, or process 

changes, that results in at least a 5.0% or 5 tpy whichever is greater, increase or reduction 

in total annual emissions from the most recently submitted emissions data of the account; 

or b) a cessation of all production processes and termination of operations. 

· require submission of calculations representative of emission producing processes where 

continuous emission monitoring system data is not available, and 

· remove obsolete language that referred to inventory requirements due in 1992 and 1993. 

The revisions to the Section 101.30, Conformity of General Federal Actions to State 

Implementation Plans, are non substantive changes. The December 1999 revision also revised 

30 TAC 101.30. Texas removed certain definitions out of 101.30 because they were duplicated 

in other chapters of 30 TAC. The revisions to 30 TAC 101.30 removed the following 

definitions: criteria pollutant or standard, maintenance area maintenance plan, metropolitan 

Planning Organization (MPO), National Ambient Air Quality Standards (NAAQS), NEPA - The 

National Environmental Policy Act of 1969, as amended, nonattainment area (NAA). 

 Texas revised the SIP to allow for receipt of electronic documents and signatures in lieu 

of paper submittals (30 TAC 19). The new Chapter 19 establishes a system for acceptance of 

electronic reports, permit applications, and other documents using TCEQ’s electronic document 

receiving system. Individuals using the electronic system would be subject to the same level of 

enforcement as individuals submitting written documents. 

III. EVALUATION 

Emissions Inventory

The revisions to the Texas emissions inventory regulations add new requirements that 

will assist the state as it develops emissions inventories required by the Clean Air Act. The 

proposed changes meet EPA requirements for Emissions Inventories. Deletion of the 
requirement to report allowable emissions in the emissions inventory is acceptable because 

reporting allowable emissions is not a required element of the emissions inventory rules. It 

should be noted that these same sources covered by the emissions inventory reporting 

requirements are required to certify compliance each year as required by the annual compliance 

certification requirements of Title V. Likewise, revising Section 101.10(b)(2)(A) to limit reports 

on changes of operating conditions of a source to those changes that cause an increase or 

reduction of five tons per year or 5.0% of total emissions, whichever is greater will not interfere 

with attainment of a NAAQS, rate of progress, or any other applicable CAA requirement. The 

commission has adopted this change to eliminate the need to report insignificant changes in 

emissions. Submission requirements for emissions inventories will apply to those regulated 

entities located in a county classified as nonattainment under the eight-hour ozone standard. 

Basically, sources are to report their emissions from the previous calendar year by March 31 of 

each year; however, a source is not required to submit a full emissions inventory if total actual 

annual emissions of volatile organic compounds (VOCs), nitrogen oxides (NOx), carbon 

monoxide (CO), sulfur dioxide (SO2), lead (Pb), and particulate matter with a diameter of 10 

micrometers or less (PM10) are all within 5 percent or five tons, whichever is greater, of the most 

recent total actual annual emissions reported in the STARS database. Instead, a source can 

submit a certification letter stating that there has been no significant change in emissions, and 

listing the most recent annual and ozone season emissions. This revision meets the requirements 

for an emissions statement (CAA 182(a)(3)), which shall be submitted at least every year and 

shall contain a certification that the information contained in the statement is accurate to the best 

knowledge of the individual certifying the statement. 

Other emission reporting requirements are sufficient for the state to obtain data from 

facilities to develop emissions inventories. The revisions submitted by Texas will assist the state 

in meeting the emissions inventory requirements of the Clean Air Act and meet EPA 

requirements for emissions inventory. 

General Conformity

The revisions to the Section 101.30, Conformity of General Federal Actions to State 

Implementation Plans, are non-substantive changes. Texas removed certain definitions out of 

101.30 because they were duplicated in other chapters of 30 TAC. The revisions to 30 TAC 

101.30 removed the following definitions: criteria pollutant or standard, maintenance area 

maintenance plan, metropolitan Planning Organization (MPO), National Ambient Air Quality 

Standards (NAAQS), NEPA - The National Environmental Policy Act of 1969, as amended, 

nonattainment area (NAA). With one exception, these definitions are in the EPA approved SIP 

regulations for 101.1 last approved on March 30, 2005 (70 FR 16129). The exception is the 

definition for NEPA which is removed from the EPA approved SIP. The definition is included 

in 30 TAC 3.2, which is not part of the SIP. Removal of the definition of NEPA does not 

adversely affect the SIP as the commonly ascribed definition of NEPA is The National 

Environmental Policy Act of 1969, as amended. Texas also has a provision in the EPA approved 

SIP for 101.1 that states: 

Unless specifically defined in the TCAA [Texas Clean Air Act] or in the rules of the 

commission, the terms used by the commission have the meanings commonly ascribed to them 

in the field of air pollution control. 
It is recommended the revisions to the Texas General Conformity rules be approved to 

maintain consistency between the State rules and the federally approved SIP. 

Electronic Reporting 

EPA reviewed the electronic reporting submittal against the requirements of the 

CROMERR final rule (70 FR 59848). Texas has adopted revisions that are fully consistent with 

the EPA requirements for electronic reporting. Documents, including emission inventory reports 

and certifications, may be submitted electronically with an electronic signature to TCEQ. 

Electronic documents and signatures are treated in the same manner as those submitted in 

writing. As noted above, EPA approved TCEQ’s CROMERR application on April 27, 2009 (74 

FR 19082). EPA supports approval. 

Recommendation

EPA recommends that the revisions to 101.10 concerning emissions inventory 

requirements submitted on December 17, 1999 be approved. EPA also recommends that the new 

chapter 19 concerning electronic reporting submitted February 26, 2007 be approved. It is 

recommended that the revisions to 101.30 submitted December 17, 1999 concerning general 

conformity be approved.